A piece of legislation has recently been adopted by South Northamptonshire and South Oxfordshire district councils affecting certain developments that have been granted planning permission on or after the 1st April 2016. This is a charge called the Community Infrastructure Levy (CIL) which applies to new residential and retail developments. Most other councils will also soon be starting to apply this charge.

The Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL) is a charge that local authorities in England and Wales can choose to place on new developments, usually those with over 100m2 of floorspace, or that create one or more new dwellings.

Please note; this charge only applies if you are creating new-build floor space such as a new-build dwelling or a large home extension (over 100m2). This can also be a mezzanine level in a barn conversion. The CIL charge will apply to the new build floor space only (so the area of the mezzanine or extension) and not to any existing floor area.

Please also note, if you are a self-builder (i.e. you will be living in your new home for at least 3 years or it is an extension to your own home that you will be living in for at least 3 years) then you can apply for exemption to the levy.

The levy came into force in 2010 (but councils have been very slow to implement it, with many still not implementing the charge in 2017) and coincides with restrictions on the use of planning obligations such as Section 106 agreements. A CIL enables the local authority to raise more money for local infrastructure improvements than Section 106 obligations. It also provides developers more certainty about costs, as it is a fixed charge.

The CIL regulations can be complex. However, it is important to consider how it may affect you if intending to convert an existing barn or build/extend a new residential property in the future.

How might the CIL affect a barn conversion?

The good news is that changes of use, such as the conversion of a barn into a dwelling, do not usually attract the CIL for two reasons. Firstly, a barn conversion does not usually involve creating 100m2 or more of new floorspace. Secondly, floorspace that has been in legal use for a continuous period of at least six months within the 12 months preceding the granting of planning permission is disregarded when calculating CIL (See Section 40 of the Community Infrastructure Levy Regulations).

But, you might be liable for CIL if your barn conversion involves creating additional new-build floorspace (e.g a mezzanine or extension to the barn). Here the levy would only apply to the additional floor area, not the total building area.

How might the CIL affect self-builds/extensions?

A government initiative to stimulate the self-build market means that a development can also be exempt from the CIL if it is a self-build/extension project.

There are three types of self-build exemptions; for a whole property, for a residential annexe and for a residential extension.

Whole Property

Those claiming exemption must own the property and use it as their primary residence for a minimum of three years post-completion. If the self-builder sells or rents their property within this period, they will be charged the full levy of their area.

Residential extension

If certain criteria are met (see regulations 42A and 42B), then a self-builder will be exempt from paying the levy for extensions. For example; the main house must be the self-builder’s primary residence and only if the proposed extension enlarges the primary residence i.e. it is not an additional unit. Extensions less than 100m2 are already exempt according to the minor development exemption.

In both cases it is important that the correct procedure is followed in order to receive a notice of exemption; including not starting works before this is received. It is important to note that even if these types of projects do not require planning permission, the CIL will still be charged unless exemption applies.

Ultimately, the landowner is responsible for seeking CIL exemption, or, is liable for paying the levy within 60 days of commencement of the works. CIL payments are usually made in cash, but can also be paid “in kind”, for example through land.

CIL charges

Both councils use Charging Zones to determine the CIL cost, and have produced corresponding maps. In South Northants there are three main categories for charges; rural, urban and Sustainable Urban Extensions (SUEs) which range between £50/m2- £200/m2. In South Oxfordshire residential development can be liable for a charge of up to £150/m2. Both councils have produced Charging Schedules that set out the charges and answer FAQs.

October 5, 2016

As Clare has spent so much time researching what makes a great housing scheme for her book, the team was excited to have the opportunity to have a go at designing a contemporary vernacular housing scheme ourselves! Earlier this year Clare Nash Architecture Ltd (CNA) was approached by a developer looking to build eight houses on the site of an old farmyard in Cambridgeshire. The intention was that young families looking to move out of the city could settle down here. Although the extent of CNA’s involvement was just to produce a quick sketch scheme, it was a terrific chance to design collaboratively and apply some of the principles of contemporary vernacular design.

Overview of proposal

Daylighting, visibility and privacy

Daylight is top priority for any architect, and in a scheme based around a courtyard such as this one, it is important to make sure that everyone gets their fair share. Some occupants benefit from south-facing gardens, so in the interest of fairness it is important to be creative with the shape of the other homes so at least part of their gardens benefit from bright sunlight.

The CNA team liked the idea of openable walls, like the Tekapo Shed by C Nott Architects in New Zealand, so that the building can adapt to the weather, and play with the boundary between inside and outside. We experimented with a few ways of using glazing to maximise natural lighting, yet maintaining a sense of privacy. We were keen to achieve a “Goldilocks” level of visibility, not so little that residents don’t interact with each other and don’t feel secure, and not so much that they feel encroached upon and under surveillance.

Corner window idea

Angled shutters idea

“Bang for your buck”

Creating value for money is not synonymous with scrimping on the quality of materials and craftsmanship; it can often be a matter of thoughtful and careful design. Embracing the industrial nature of the site and keeping to a tight material palette is a good way of creating a striking aesthetic, yet at the same time keeping costs down. Another feature that increases the appeal and value of the proposal is that each house is unique in some way, yet they all have a coherent identity and it is clear they belong to the same scheme. This affords each house a sense of individuality, allows future occupants a choice of features in their homes, and enhances the character of the development, making it stand out from the rows of “cookie cutter” houses we have become used to seeing.

Each house would have a feature that makes it unique

Material palette

Identity and character are ways in which a neighbourhood defines itself within its context, and also how it can set itself apart and be distinctive. Brick, dark timber, and clay tiles are traditional, inexpensive materials used a lot in this part of the world. They are also easy to reclaim and reuse, and to update for use with a more contemporary aesthetic. This simple material palette set out our intentions for the scheme: a friendly, familiar character that offers the benefits of a modern lifestyle in a rural setting.

View into the internal courtyard space

Access and movement around the site

How people move around a housing scheme is a crucial design element. This is one of the greatest contributing factors to the sense of community within the scheme, as circulation dictates how people interact with one another. The scheme is based around a central green courtyard, which is distinctly public. Trees ensure that houses facing each other do not directly overlook each other, and shade the shared space below. This courtyard is a pedestrian area, although there is room for cars to drive up to the house entrances if this is necessary, cars would usually be parked in garages close to the site entrance. The houses each have their own private back gardens, and these can be accessed through alleyways leading off the main square, signalling the transition between public and private outdoor space.

Central alleyways idea

Possibility of live/work

The dream of settling down in the countryside becomes dampened somewhat if you still have to commute to the city to work. The possibility of working remotely has meant that “non-office” ways of working are becoming more usual (just as we do at Clare Nash Architecture Ltd!). The housing scheme we proposed offers offices along with the houses to create a live/work scenario, in anticipation of the lifestyle that suits young families today.

Garages with space for offices above

“Sense of place”

The notion of “sense of place” is a key theme running through Clare’s book and was a key factor for her in choosing case studies. Although it can be difficult to define, a strong sense of place is the result of a strong identity, relationship to surroundings, and ultimately the behaviour of a place’s inhabitants. An absence of this sense leads to an eerie, quite uncomfortable feeling – the opposite of “home”. At the end of the day, it is people and communities who create a “sense of place”, but this does not absolve architecture and design of responsibility for this! Working on even short projects such as this, and helping to research the case studies in Clare’s book, has brought home how even the smallest of design decisions can have a huge impact on how people behave, and their mental wellbeing.

We were all extremely interested in seeing the Newhall Be housing designed by Alison Brooks Architects. Having assisted Clare in researching and editing her book, Katie and I were keen to experience an exemplary housing scheme off the page. The team caught the train to Harlow and then the bus to Newhall, passing by typical utilitarian New Town architecture set on the unforgiving flatness of the East Anglian landscape.

Traditional Essex barn

When we got off the bus we walked down a pleasant pedestrian/cycle route into fields, away from the bustle of the main road. One of the first buildings we came across was a traditional Essex barn, reminiscent of rural Dutch architecture with its striking black boarding and half-hipped roof. Alison Brooks has said that barns like this were her inspiration for the materiality and form of the Newhall Be housing, so this was a nice piece of foreshadowing on our approach.

Alison Brooks’ Newhall Be housing

Upon entering the Newhall development we found Brooks’ houses very quickly – each “neighbourhood” designed by a different architect is very distinct, and the Newhall Be houses are instantly recognisable by their distinctive dark cladding and angular roof shapes. It was a Wednesday lunchtime, so most people were at work, and there was a real sense of stillness about the whole site. It felt almost like looking around a film set, or perhaps a model village. Although there are lots of street-facing full-height windows and doors, most houses had their blinds drawn. There is plenty of green planting around the site, and this did mitigate the “empty” feeling somewhat. Although none of the houses have back gardens, people had made use of their balconies and patios as spaces to bring in some colour and greenery. There is also a large playing field very close by, which serves as a common green space for everybody.

Newhall Be (and the wider Newhall project) could be described as an updated version of the New Town philosophy. It meets people’s needs and thus creates a quite urban feeling in a rural setting, rather than imposing a twee imitation of a traditional village onto bright young professionals. It doesn’t fight the difficulties that arise in creating a community from scratch, and in accepting these challenges it has produced a new type of community. People are able to maintain their “metropolitan” outlooks and behaviours, while still living in a small suburban neighbourhood. Using vernacular architectural styles and methods of place-making as inspiration, rather than a rigid template, Newhall Be offers something that feels modern, yet also familiar. I would just like to go back on a warm summer’s evening and see it come to life a little more!